Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 11
Succ. Court 101/25
PURNIMA SARKI Vs. GOVT OF NCT OF DELHI
19.12.2025
Present : Mr. Vipin Raturi, Ld. Counsel for petitioner alongwith petitioner.
Mr. Hrithik Goyal, Ld. Counsel for respondent no.2 alongwith Mr. Anurag
Garg, Branch Head and Mr. Nag Bushan, Dy. Manager.
Respondents no. 3 and 5 in person.
None for SDM Civil Lines despite service of notice under Order XVI Rule
12 CPC.
Since no one has appeared on behalf of the SDM Civil Lines despite service
of notice under Order 16 Rule 12 CPC, on filing of PF, issue bailable warrant for a sum
of Rs. 10,000/- with one surety in the like amount against the SDM Civil Lines.
An application under Order VI Rule 17 CPC filed by the petitioner is
pending adjudication. It is
inter-
alia stated that petitioner wants to amend para 7 of the
petition to state the details of LRs of the deceased including his children and mother.
Copy of the application be supplied to the other side.
Application perused. In the interest of justice and as such amendments are
necessary for the purpose of adjudication of the present petition, the present application is
hereby allowed and disposed off.
Amended petitioner alongwith amended memo of parties are hereby taken
on record.
Mr. Anurag Garg, Branch Head of respondent no.2 Bank examined and
discharged as RW-1. He is paid diet money of Rs.1,000/-.
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Respondent no.3/daughter of the deceased and respondent no.5/mother of
the deceased examined and discharged as RW-2 and RW-3 respectively.
Mr. Hrithik Goel, Ld. Counsel for respondent no.2 bank as well as Mr.
Anurag Garg, Branch Manager, respondent no.2 bank have apprised this court that
nomination of Ms. Shanti Maya Sarki already existed in the bank account of the deceased
maintained with respondent no.2 bank, however, on 04.07.2025 i.e. post his death on
10.05.2025, nomination in the bank account was changed in favour of the petitioner.
Petitioner submits that such nomination was changed for the purpose of
convenience.
In the present matter, it is quite apparent that since the deceased had duly
nominated his mother as the nominee, the money shall be released by the debtor of the
deceased to respondent no.5/nominee as per the proper process after submission of the
relevant documents by the nominee/respondent no.5.
Be adjourned for 21.01.2026.
(Bharat Aggarwal)
ACJ-cum-ARC, Central
District, Tis Hazari Courts
19.12.2025
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